LW2ADR: Alternative Dispute Resolution

Module code: LW2ADR

Module provider: School of Law

Credits: 20

Level: Level 2 (Intermediate)

When you'll be taught: Semester 1

Module convenor: Professor Anne Vergis, email: a.vergis@reading.edu.my

Pre-requisite module(s):

Co-requisite module(s):

Pre-requisite or Co-requisite module(s):

Module(s) excluded:

Placement information: NA

Academic year: 2024/5

Available to visiting students: Yes

Talis reading list: No

Last updated: 7 October 2024

Overview

Module aims and purpose

This course provides students with a better understanding of the various dispute resolution methods that are alternative to traditional methods on both a practical and a theoretical level and to equip students with negotiation and mediation skills which are key ingredients in becoming effective advocate. 

Module learning outcomes

By the end of the module, it is expected that students will be able to: 

1. Identify a range of methods of dispute resolution outside and within the court process;
2. Evaluate the appropriate ADR options to be adopted;
3. Plan for and conduct the appropriate ADR mode;
4. Evaluate options and strategies in ADR;
5. Draft simple ADR settlement agreement and present basic ADR advocacy skills. 

Module content

1. Evolution of dispute resolution & concepts
2. Negotiation theories & skills
3. Nature & Process of Mediation
4. Mediation: Roles & Skills
5. Legal issues in Mediation
6. Mediation training
7. Nature & sources of Arbitration
8. Arbitration Agreements
9. Arbitral Tribunal
10. Barriers to the Development of ADR

Structure

Teaching and learning methods

The module will be divided into topics. Teaching for each topic will typically involve:  

1 x 2hr lectures and 1 x 1hr lectures (3hr of lectures per week)  

1 x 2hr tutorial (alternate weeks)  

1 x 1hr blended learning  

There will, in addition, be revision lectures.  

In addition to the hours listed below, you will be required to complete an additional 40 hours of study, taking the total number of study hours to 240 for this module. This is to comply with the Malaysian Quality Agency (MQA).

Study hours

At least 60 hours of scheduled teaching and learning activities will be delivered in person, with the remaining hours for scheduled and self-scheduled teaching and learning activities delivered either in person or online. You will receive further details about how these hours will be delivered before the start of the module.

Please note the independent study hours above are notional numbers of hours; each student will approach studying in different ways. We would advise you to reflect on your learning and the number of hours you are allocating to these tasks.

Semester 1 The hours in this column may include hours during the Christmas holiday period.

Semester 2 The hours in this column may include hours during the Easter holiday period.

Summer The hours in this column will take place during the summer holidays and may be at the start and/or end of the module.

Assessment

Requirements for a pass

Students need to achieve an overall module mark of 40% to pass this module.

Summative assessment

Penalties for late submission of summative assessment

The Support Centres will apply the following penalties for work submitted late:

Assessments with numerical marks

• where the piece of work is submitted after the original deadline (or any formally agreed extension to the deadline): 10% of the total marks available for that piece of work will be deducted from the mark for each working day (or part thereof) following the deadline up to a total of three working days;
• the mark awarded due to the imposition of the penalty shall not fall below the threshold pass mark, namely 40% in the case of modules at Levels 4-6 (i.e. undergraduate modules for Parts 1-3) and 50% in the case of Level 7 modules offered as part of an Integrated Masters or taught postgraduate degree programme;
• where the piece of work is awarded a mark below the threshold pass mark prior to any penalty being imposed, and is submitted up to three working days after the original deadline (or any formally agreed extension to the deadline), no penalty shall be imposed;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.

Assessments marked Pass/Fail

• where the piece of work is submitted within three working days of the deadline (or any formally agreed extension of the deadline): no penalty will be applied;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension of the deadline): a grade of Fail will be awarded.

The University policy statement on penalties for late submission can be found at: /cqsd/-/media/project/functions/cqsd/documents/qap/penaltiesforlatesubmission.pdf

You are strongly advised to ensure that coursework is submitted by the relevant deadline. You should note that it is advisable to submit work in an unfinished state rather than to fail to submit any work.

Formative assessment

Formative assessment is any task or activity which creates feedback (or feedforward) for you about your learning, but which does not contribute towards your overall module mark.

1,250 word Assignment  

Reassessment

Additional costs